Minutes of a Regular Meeting of the Board of Trustees of the Village of Johnson City, New York, held at 7:30PM in the Municipal Building on July 17, 2007

 

PRESENT:    Harry G. Lewis                                     Mayor

 

                     Donald Adams

                     Richard Balles

                     Ron Jones

                     Bruce King                                           Trustees

                    

                     Beth Westfall                                        Village Attorney           

 

PLEDGE OF ALLEGIANCE

 

The meeting was opened with the pledge of allegiance led by Mayor Lewis.

 

FIRE EXITS

 

The Mayor noted directions to the fire exits.

 

MISCELLANEOUS ANNOUNCEMENTS                                    

 

The Mayor announced that the New York State Department of Transportation (NYSDOT) will hold a Public Information Meeting on July 25, 2007 in the Board Room of Village Hall from 4:00PM to 7:00PM to provide details and to accept comments from the public on the Traffic Signal and Lighting Upgrades being proposed on Main Street in the Village.

 

BOARD MINUTES

 

Motion by Trustee Balles - seconded by Trustee Jones to accept and place on file the Work Session and Regular Meeting of June 19, 2007 and the Special Meeting of July 2, 2007. 

 

Motion Carried                                                                          Ayes 5  Nayes 0         

 

BID OPENINGS                                                                      None

 

PUBLIC HEARINGS                                                               None

 

PETITIONS RECEIVED                                                          None

 

PRIVILEGE OF THE FLOOR – VISITORS                       

 

Dave Deamond – 31 Grand Avenue – Asked about a correction to a deed that needs to be done in order to complete a property purchase from the Village.

 

Attorney Westfall stated that she would contact Broome County to assist in the matter.

 

 

Ann Davis – 63 St. Charles Street – Stated that a basketball hoop has been set-up on St. Charles Street and that the garbage generated by the kids playing there is starting to mount.  The kids are very loud and abusive and she feels the climate needs to change. Stated that there appears to be water build-up and a drainage problem on her section of the street.  She inquired about a possible storm drain being on her property and requested that the Village investigate whether or not an actual storm drain does exist on her property.

 

Mayor Lewis stated that he would have the Department of Public Works look into that issue.

 

David Kellam – 42 Nassau Street – Thanked Code Enforcement for having an abandoned car near Red’s Kettle Inn removed.  He asked that another vehicle on Plymouth Street be looked into.  He also stated that a lamp on a street lighting pole in front of 29 Plymouth Street is missing.  He also inquired regarding any special parking privileges have been granted on Nassau Street.

 

Mayor Lewis stated that he has no knowledge of any parking privileges on Nassau Street.

 

Wanda Black – 39 Peterson Street – Asked if the Village could take action to stop kids from riding ATVs in the Village.  She stated kids are riding ATVs in her neighborhood and they are creating a tremendous amount of noise and generating quite a bit of dust.

 

Attorney Westfall stated she would look into the possibility of regulating the use of ATVs but she does not think the Village could prohibit their use.

 

Patricia Antal – 10 Adams Avenue – Stated that she is receiving water in her basement more frequently since the floods of 2006.

 

Mayor Lewis stated that he would have the Director of Public Services look into the situation.

 

COMMUNICATIONS

 

Motion by Trustee Adams - seconded by Trustee King that the following communications be accepted and placed on file:

 

JSCD – Reg. Mtg: June 12 and 26, 2007

Town of Union – Reg. Mtg: June 20 and July 11, 2007

Binghamton/JC JSB – Reg. Mtg: June 12, 2007

Village of Endicott – Reg. Mtg: May 14 and 29, 2007; Special Mtg: April 2, 2007

Liquor License – Oasis Restaurant, 149-153 Harry L. Drive (Renewal)

 

Motion carried                                                                           Ayes 5  Nayes 0     

 

COMMITTEE REPORTS                                                         None

 

DEPARTMENTS REPORTS              

 

Motion by Trustee Balles – seconded by Trustee Jones to accept and place on file the following Department Reports:

 

Code Department

June 2007

 

Motion carried                                                                           Ayes 5  Nayes 0   

 

PAYROLL AND BILLS PRESENTED

 

Motion by Trustee Balles - seconded by Trustee Jones that Abstract #2 for the Fiscal Year 2007-08, having been audited by the board and approved, be ordered paid as follows:

 

GENERAL

$343,726.97

WATER

$51,677.01

SEWER

$33,417.24

REFUSE

$38,867.21

LIBRARY

$10,226.23

JSTP-PHASE III

$861,693.74

OVERBROOK

$75.00

 

Board members polled

Motion carried                                                                                    Ayes 5  Nayes 0   

 

UNFINISHED BUSINESS                                                    None

 

NEW BUSINESS

 

RESOLUTION #149

 

Motion by Trustee King - seconded by Trustee Adams to deny a request from 30 Pearl Avenue to waive a $40.24 penalty from the April 2007 Water, Sewer and Refuse Bill.  

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0      

 

RESOLUTION #150

 

Motion by Trustee Balles – seconded by Trustee Jones to authorize the buy-out of

37 River Terrace and advertise to receive bids on the demolition on the property.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0        

 

RESOLUTION #151

 

Motion by Trustee King – seconded by Trustee Jones to approve Request-for-Modification

(RFM) 3D-0003 (revised) with Louis N. Picciano & Son for extra plumbing work related to the

equipment repair associated with the flood of June 2006 with a credit of ($23,314.90).

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0        

 

RESOLUTION #152

 

Motion by Trustee Balles – seconded by Trustee Jones to approve Request-for-Modification

(RFM) 5A-0007 with C.O. Falter Construction to provide Additional By-Pass Pumping with an

additional cost of $1,388.88 and submit reimbursement to FEMA/SEMO.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0        

      

RESOLUTION #153

 

Motion by Trustee Adams – seconded by Trustee King to appoint Patrick Vavra to the position of

Deputy Ordinance Office, within the Planning Office (Code Enforcement), at the hourly rate of

$11.00, effective July 19, 2007.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0        

 

RESOLUTION #154

 

Motion by Trustee Adams – seconded by Trustee King to set a Public Hearing to consider Local

Law No. 5 of 2007 which Prohibits Illicit Discharges, Activities and Connections to Separate

Storm Sewer System.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0  

 

RESOLUTION #155

 

Motion by Trustee King – seconded by Trustee Jones to authorize the following:

 

         Authorizing the implementation, and funding in the first instance 100% of the Federal-aid

and State “Marchiselli” Program-aid eligible costs, of a transportation Federal-aid project, and

appropriating funds therefore.

 

         WHEREAS, a Project for Harry L. Drive, Village of Johnson City, Broome County,

P.I.N. 9753.14 (the Project) is eligible for funding under Title 23 U.S. Code, as amended, that

calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal

funds and 20% non-Federal funds; and

 

 

 

         WHEREAS, the Village of Johnson City desires to advance the Project by making a

commitment of 100% of the Federal and non-Federal share of the costs of the Construction and

Construction Supervision and Inspection work; and it is further

 

         NOW, THEREFORE, the Village of Johnson City Board of Trustees duly convened does

Hereby

 

         RESOLVED, that the Village of Johnson City Board of Trustees hereby approves the

above subject project; and it is hereby further

 

         RESOLVED, that the Village of Johnson City Board of Trustees hereby authorizes the

Village of Johnson City to pay in the first instance 100% of the Federal and non-Federal share of

the costs of the Construction and Construction Supervision and Inspection work for the Project or

portions thereof; and it is further

 

         RESOLVED, that the sum of $1,041,940 is hereby appropriated from A1440.4 and made

available to cover the cost of participation in the above phase of the Project; and it is further

 

         RESOLVED, that in the event the full Federal and non-Federal share costs of the project

exceeds the amount appropriated above, the Village of Johnson City Board shall convene as soon

as possible to appropriate said excess amount immediately upon the notification by the New York

State Department of Transportation thereof, and it is further

 

         RESOLVED, that the Mayor of the Village of Johnson City be and is hereby authorized

to execute all necessary Agreements, certifications or reimbursement requests for Federal-aid

and/or Marchiselli-aid on behalf of the Village of Johnson City with the New York State

Department of Transportation in connection with the advancement or approval of the Project and

providing for the administration of the Project and the Municipality’s first instance funding of the

project costs and permanent funding of the local share of Federal-aid and State-aid eligible

Project costs and all Project costs within appropriations therefore that are not so eligible, and it is

further

 

         RESOLVED, that a certified copy of this resolution be filed with the New York State

Commissioner of Transportation by attaching it to any necessary Agreement in connection with

the Project, and it is further

 

         RESOLVED, this Resolution shall take effect immediately.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0   

 

RESOLUTION #156

 

Motion by Trustee Balles – seconded by Trustee King to set a Public Hearing for August 14,

2007 to consider a Special Permit for 90 Lester (Intersection of Gannett and Pavillion Drives) in

order to sell retail in an industrial zone.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0   

 

 

RESOLUTION #157

 

Motion by Trustee King – seconded by Trustee Jones to allow Eryn Matich to beautiful CFJ Park

through her goal of obtaining her Girl Scout Gold Award and authorize the Park Foreman to work

with her on this project (Project Proposal on File). 

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0   

 

RESOLUTION #158

 

Motion by Trustee Balles – seconded by Trustee Jones to authorize a Bond Anticipation Note

(BAN) in the amount of $244,000.00 for the following Capital Project:  Street Reconstruction

($150,000.00), DPW Vehicle ($70,000.00) and Police Vehicle ($24,000.00).

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 4  Nayes 0    

 

RESOLUTION #159

 

Motion by Trustee Adams – seconded by Trustee King to authorize the  Mayor to sign a Tree

Clearing Easement with New York State Electric & Gas (NYSEG) Corporation for Lester

Avenue.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #160

 

Motion by Trustee Balles – seconded by Trustee Jones to authorize the Village Attorney to collaborate with the Town of Union Attorney related to the litigation of JC Florist, 775 Harry L. Drive.

 

Board members polled                                                                       

Motion carried                                                                                    Ayes 5  Nayes 0

 

RESOLUTION #161

 

Motion by Trustee Adams – seconded by Trustee King to authorize the Mayor to execute an agreement with New York State in order to receive an $8,000.00 grant related to the Veteran’s Park Improvement Project.

 

Board members polled

Motion carried                                                                           Ayes 5  Nayes 0

 

PRIVILEGE OF THE FLOOR                                                 

 

Jeff Fink – 60 Fowler Avenue – Stated that there is a tree growing at the intersection of Fowler and Union Avenues which may be impeding the flow of water.

 

Mayor Lewis stated he would pass this information along to the Department of Public Works.

Nancy Shatara – 242 Burbank Avenue – Asked if the Village would investigate water and drainage problems.

 

Mayor Lewis stated that he would discuss these problems with the Director of Public Services and see what the Department of Public Works has done in that area.

 

Shirley Krno – 14 Mill Place – Stated that Virginia Avenue Park needs some improvements and her neighborhood watch group is willing to paint at the Park.

 

Mayor Lewis provided details on improvements that have been recently completed and what improvements will be made in the very near future.

 

Michael Matalka – 14 Adams Avenue – Thanked the Village for assisting with their drainage problems.

 

Rita Flynn – 151 Greenridge Street – Stated that after a heavy rain her backyard receives a great deal of water and asked for any type of assistance from the Village.

 

Tom Gooch – 58 Hill Avenue – Thanked the Village for their efforts with the neighborhood’s drainage problems.  Mr. Gooch asked if there was a timeframe for additional improvements.

 

Attorney Westfall provided details on a drainage district that would make improvements to the affected area.

 

Tom Gooch – 58 Hill Avenue – Stated that fires are being started near the pond at Overbrook Park.

 

Mayor Lewis stated that he would pass along that information and requested that when a fire is witnessed that the proper agency be notified.

 

Mike Giles – 49 Hill Avenue – Thanked the Village for their efforts in improving the drainage problems in the Hill Avenue section of the Village.

 

Joan Sneider – 42 Martin Avenue – Stated that after a heavy rain, water will back-up into her basement. 

 

Suzanne Macek – 70 Hill Avenue – Stated that she has experienced water problems.

 

Mayor Lewis stated that he will pass along all the information that he has received tonight to the Director of Public Services and that the Department of Public Works will continue their examination of these issues.

 

Mayor Lewis stated that the Village Board needed to continue their Work Session by going into Executive Session.

 

ADJOURNMENT

 

The meeting was adjourned at 8:40P.M.

 

_____________________________________

Thomas R. Augostini, Village Clerk/Treasurer